QUESTION THREE (20 MARKS) a) Is rehabilitation best conceived as a right of the offender or a privilege of the state? (10marks) b) Discuss the five main propositions that classical and positivist schools of thought propound on the concept of punishment in the historical epoch. (10marks)

a) Rehabilitation is best conceived as a privilege of the state rather than a right of the offender. This perspective emphasizes the state's responsibility to provide opportunities for rehabilitation as part of its social and criminal justice obligations.<br /><br />b) The five main propositions that classical and positivist schools of thought propound on the concept of punishment in the historical epoch are:<br /><br />1. **Classical School:**<br /> - **Deterrence:** Punishment should be proportionate to the crime and severe enough to deter others from committing similar offenses.<br /> - **Rational Choice:** Individuals have free will and make rational choices to commit crimes, so punishment should be a deterrent.<br /><br />2. **Positivist School:**<br /> - **Social Factors:** Crime is caused by social, biological, and psychological factors, not just rational choice.<br /> - **Rehabilitation:** Focuses on understanding the underlying causes of crime and addressing them through rehabilitation rather than just punishment.<br /> - **Individual Differences:** Recognizes that individuals have different propensities for criminal behavior based on their circumstances.<br /> - **Preventive Measures:** Emphasizes prevention of crime through social reforms and interventions rather than just punishment.<br /> - **Scientific Approach:** Advocates for a scientific approach to studying crime and developing effective prevention and rehabilitation strategies.